Restitution Orders under the Victims Support Scheme
The Victims Support Scheme provides practical and financial support for victims of violent crime. Through this scheme, victims can access information, advice and counselling, financial assistance and recognition payments.
If you are found guilty of a violent offence, Victims Services may make an order for restitution. A restitution order recovers money from a perpetrator of violence to compensate the victim.
Provisional order for restitution
The first document that you will receive is a provisional order which sets out the name of the victim, the injuries sustained, the date that compensation was awarded, the amount to be paid, and the facts upon which the decision was made.
Objecting to the order
A notice of objection to a provisional order must be lodged within 28 days. If an objection is not lodged, the provisional order will be confirmed and transferred to Revenue NSW as an enforceable debt. Revenue NSW can then commence enforcement action against you, such as cancelling or suspending your driver’s licence, deducting the money from your wages or bank account, or authorising the seizure of your goods or property.
Lodging an objection gives you the opportunity to present your views, and explain why the amount requested should be reduced or dismissed.
If an objection is lodged, the matter will be considered by the Commissioner of Victims Rights, who will determine whether the provisional order should be confirmed. You will not be present but can make submissions as to:
- Your culpability for the injuries.
- Your financial circumstances.
- The involvement of other people in the offence.
- Your age at the time of the incident.
Financial circumstances are one of the most pressing considerations, and will include your income as well as outgoings or debts. If you are in a relationship, your joint financial situation will be considered.
The Commissioner may confirm the order, revoke it, or change the amount payable.
Appealing to NCAT
You can challenge the Commissioner’s decision by applying for administrative review of the decision at the NSW Civil and Administrative Tribunal (NCAT).